Abhishek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45521 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- BHORE District- Gopalganj ====================================================== Abhishek Yadav S/o Late Dina Yadav R/o Village- Tilak Dimar, P.S- Bhorey, Dist- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that beside the road, altogether 648 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Recovery, if any, has been made from an open place. The witnesses of the seizure list are police personnel and police have not complied Section 105 of BNSS while preparing the seizure list.

Patna High Court CR. MISC. No.45521 of 2026(2) dt.08-07-2026 2/3 Moreover, he is languishing in judicial custody since 30.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that the petitioner is having criminal antecedent of thirteen cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhore P.S. Case No. 30 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-XIII cum Spl. Excise Court No. 1, Gopalganj with following conditions:- (i) The petitioner shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.

(ii) One of the bailors should be close relative of the petitioner.

(iii) Petitioner is also directed to mark his weekly attendance at Bhorey P.S.

Patna High Court CR. MISC. No.45521 of 2026(2) dt.08-07-2026 3/3

7. Office is directed to communicate this order to the Superintendent of Police, Gopalganj.

(Ashok Kumar Pandey, J) Shubham/- U T